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An Act to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Income Tax Act and to make a consequential amendment to another Act (S.C. 2006, c. 12)

Assented to 2006-12-14

2000, c. 17; 2001, c. 41, s. 48AMENDMENTS TO THE PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT

Marginal note:2001, c. 41, s. 68

  • 27. (1) The portion of subsection 55.1(3) of the Act before paragraph (b) is replaced by the following:

    • Definition of “designated information”

      (3) For the purposes of subsection (1), “designated information” means, in respect of a financial transaction, an attempted financial transaction or an importation or exportation of currency or monetary instruments,

      • (a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation, or any person or entity acting on their behalf;

  • Marginal note:2001, c. 41, s. 68

    (2) Subsection 55.1(3) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:

    • (e) the name, address, electronic mail address and telephone number of each partner, director or officer of an entity referred to in paragraph (a), and the address and telephone number of its principal place of business;

    • (f) any other similar identifying information that may be prescribed for the purposes of this section;

    • (g) the details of the criminal record of a person or entity referred to in paragraph (a) and any criminal charges laid against them that the Centre considers relevant in the circumstances;

    • (h) the relationships suspected by the Centre on reasonable grounds to exist between any persons or entities referred to in paragraph (a) and any other persons or entities;

    • (i) the financial interest that a person or entity referred to in paragraph (a) has in the entity on whose behalf the transaction was made or attempted, or on whose behalf the importation or exportation was made;

    • (j) the name of the person or entity referred to in paragraph (a) suspected by the Centre on reasonable grounds to direct, either directly or indirectly, the transaction, attempted transaction, importation or exportation;

    • (k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and that the Centre considers relevant in the circumstances;

    • (l) the number and types of reports on which a disclosure is based;

    • (m) the number and categories of persons or entities that made those reports; and

    • (n) indicators of a money laundering offence or a terrorist activity financing offence related to the transaction, attempted transaction, importation or exportation.

Marginal note:2001, c. 41, s. 68

  • 28. (1) Subsection 56.1(3) of the English version of the Act is replaced by the following:

    • Marginal note:Other disclosure

      (3) In order to perform its functions under paragraph 54(c), the Centre may direct queries to an institution or agency in respect of which an agreement or arrangement referred to in subsection (1) or (2) has been entered into, and in doing so it may disclose designated information.

  • Marginal note:2001, c. 41, s. 68

    (2) The portion of subsection 56.1(5) of the Act before paragraph (b) is replaced by the following:

    • Definition of “designated information”

      (5) For the purposes of this section, “designated information” means, in respect of a financial transaction, an attempted financial transaction or an importation or exportation of currency or monetary instruments,

      • (a) the name of any person or entity that is involved in the transaction, attempted transaction, importation or exportation, or any person or entity acting on their behalf;

  • Marginal note:2001, c. 41, s. 68

    (3) Subsection 56.1(5) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:

    • (e) the name, address, electronic mail address and telephone number of each partner, director or officer of an entity referred to in paragraph (a), and the address and telephone number of its principal place of business;

    • (f) any other similar identifying information that may be prescribed for the purposes of this section;

    • (g) the details of the criminal record of a person or entity referred to in paragraph (a) and any criminal charges laid against them that the Centre considers relevant in the circumstances;

    • (h) the relationships suspected by the Centre on reasonable grounds to exist between any persons or entities referred to in paragraph (a) and any other persons or entities;

    • (i) the financial interest that a person or entity referred to in paragraph (a) has in the entity on whose behalf the transaction was made or attempted, or on whose behalf the importation or exportation was made;

    • (j) the name of the person or entity referred to in paragraph (a) suspected by the Centre on reasonable grounds to direct, either directly or indirectly, the transaction, attempted transaction, importation or exportation;

    • (k) the grounds on which a person or entity made a report under section 7 about the transaction or attempted transaction and that the Centre considers relevant in the circumstances;

    • (l) the number and types of reports on which a disclosure is based;

    • (m) the number and categories of persons or entities that made those reports; and

    • (n) indicators of a money laundering offence or a terrorist activity financing offence related to the transaction, attempted transaction, importation or exportation.

29. The Act is amended by adding the following after section 56.1:

Marginal note:Usefulness of information

56.2 When the Centre receives information from an institution or agency under an agreement or arrangement referred to in subsection 56(1) or (2), the Centre may provide it with an evaluation of whether the information is useful to the Centre.

Marginal note:2001, c. 41, s. 70

30. Subsection 59(1) of the Act is replaced by the following:

Marginal note:Immunity from compulsory processes

  • 59. (1) Subject to section 36 of the Access to Information Act and sections 34 and 37 of the Privacy Act, the Centre, and any person who has obtained or who has or had access to any information or documents in the course of exercising powers or performing duties and functions under this Act, other than Part 2, is required to comply with a subpoena, a summons, an order for production of documents, or any other compulsory process only if it is issued in the course of court proceedings in respect of a money laundering offence, a terrorist activity financing offence or an offence under this Act in respect of which an information has been laid or an indictment preferred or, in the case of an order for production of documents, if it is issued under section 60, 60.1 or 60.3.

Marginal note:2001, c. 41, s. 71(1)

  • 31. (1) Subsection 60(1) of the Act is replaced by the following:

    Marginal note:Limitation on orders for disclosure of information

    • 60. (1) Despite the provisions of any other Act, except sections 49 and 50 of the Access to Information Act and sections 48 and 49 of the Privacy Act, an order for disclosure of information may be issued in respect of the Centre only under subsection (4) or section 60.1 or 60.3.

  • (2) Paragraph 60(3)(b) of the Act is replaced by the following:

    • (b) the person or entity in relation to which the information or documents referred to in paragraph (c) are required;

  • Marginal note:2001, c. 41, s. 71(2)

    (3) Paragraph 60(3)(d) of the Act is replaced by the following:

    • (d) the facts relied on to justify the belief, on reasonable grounds, that the person or entity referred to in paragraph (b) has committed or benefited from the commission of a money laundering offence or a terrorist activity financing offence and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to an investigation in respect of that offence;

  • (4) Paragraph 60(3)(f) of the Act is replaced by the following:

    • (f) information respecting all previous applications brought under this section in respect of any person or entity being investigated for the offence.

  • (5) Subsection 60(8) of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after that paragraph:

    • (c.1) disclosure of the information or document would be injurious to national security; or

  • (6) Subsection 60(16) of the Act is replaced by the following:

    • Marginal note:Copies

      (16) Where any information or document is examined or provided under subsection (4), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.

  • 32. (1) Subsection 60.1(7) of the Act is amended by striking out the word “or” at the end of paragraph (c) and by adding the following after that paragraph:

    • (c.1) disclosure of the information or document would be injurious to national security; or

  • Marginal note:2001, c. 41, s. 72

    (2) Subsection 60.1(15) of the Act is replaced by the following:

    • Marginal note:Copies

      (15) Where any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.

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